Prepare for Consular Delays: Visa Interview Waiver Requirements Are Further Restricted

The U.S. Department of State has revised its Visa Interview Waiver (commonly referred to as “dropbox”) Program criteria, narrowing eligibility for certain visa applicants. Now, visa applicants seeking renewal under the Interview Waiver Program must have previously held a visa stamp in the same nonimmigrant classification, and that visa must either still be valid or have expired within the past 12 months.

As a result, many visa holders—including H-1B, L-1, O-1, and others—may face increased delays, potentially significant delays, and must schedule in-person interview appointments. Individuals with existing dropbox appointments must meet the new criteria or they will be required to obtain an in-person interview appointment.

Notable Changes

Previously, visa applicants were eligible for dropbox processing and could eliminate the in-person interview if they held an approved nonimmigrant visa in any category that had expired within the past 48 months. Under the new guidance, applicants must still meet certain criteria when applying for their visa abroad, and must also meet the following criteria to be eligible for applying for their visa using the dropbox/interview waiver process:

• Must have been previously issued a U.S. visa in the same class as the visa for which they are applying for.
• The prior visa in the same visa class is still valid or has expired within the last 12 months from the date of the application.

This rollback effectively reduces the number of applicants eligible for the dropbox process and increases the volume of in-person interviews which will negatively impact the waiting time required to obtain an in-person visa interview.

Impact on H-1B and Other Nonimmigrant Visa Holders

This change will impact a broad range of nonimmigrant visa holders. With a more limited eligibility window, many applicants who previously relied on the interview waiver process will now be required to schedule in-person interviews at U.S. consulates, potentially resulting in longer wait times, increased administrative burdens, and possible travel disruptions.

Consideration Moving Forward

• Review Your Employees’ Eligibility: Confirm whether your employee’s previous visa is in the same nonimmigrant classification and whether it remains valid or has expired within the past 12 months. If your employee’s visa expired more than 12 months ago, or your employee is applying in a different visa category, your employee will likely need to schedule an in-person visa interview.
• Prepare for an In-Person Interview: If your employee does not meet the updated, and much narrower, criteria, the employee should plan for an in-person interview and should carefully review the consulate’s website for current appointment availability and wait times.
• Plan for Potential Delays: The company and your employee should be prepared for longer wait times as consular appointment backlogs may increase with these new policy changes.
• Explore the Expedited Appointment Option: If your employee is unable to secure a favorable appointment date, there may be options to seek an expedited appointment, under certain limited criteria. For example, if your employee faces an unforeseen travel need—such as urgent medical issues, a funeral, urgent business travel, or circumstances affecting students or exchange visitors, consulates may elect to favorably exercise discretion to grant an expedited appointment. Your employees should ensure to communicate with the company before the employee departs the United States. Employers may want to consult with their outside immigration counsel to consider strategies for the employee’s travel and visa situation.
• Consult Professionals: If you believe these changes may affect your employees’ immigration situation, please reach out to a member of the Williams Mullen immigration team to discuss options and any potential delays.

Employers should be prepared for the current disruption in immigration services to continue while the Trump Administration continues rolling out its agenda with respect to immigration. As a result, employers should consult immigration counsel to ensure that any extensions or changes of status for their foreign national employees are processed timely and can account for potential unexpected delays. Furthermore, foreign nationals should communicate with their employers if they have any travel plans in the coming months.

Williams Mullen is closely monitoring the situation and will provide updates as further information becomes available.